Hearing Guidelines

Over the fall of 2021 and the spring of 2022, the Ad-Hoc Remote Hearings Committee of the Court of King’s Bench (the Committee) studied the mode of conducting hearings which had been adopted during the course of the pandemic. The Committee undertook both internal and external engagement. The Committee submitted a Report to the Executive Board of the Court which provided recommendations as to the processes for hearing matters before the Court on a go-forward Pilot Project basis. These processes are set out in these Hearing Guidelines.

General Principles

The following are the general principles which have informed the processes for hearing matters:

  1. The default mode for matters that are more adjudicative/substantive in nature is an in-person hearing;
  2. The default mode for matters that are more administrative/procedural in nature is a remote hearing;
  3. The mode of hearing will be determined at the time a matter is scheduled for hearing and will be subject to the availability of Court resources on the scheduled hearing date;
  4. The Court does not presently have sufficient resources to accommodate hybrid processes in all matters. As such, any change to the mode of hearing after a matter is scheduled must be approved by the Manager, Court Coordination at hearingmodes.qb@albertacourts.ca. Changes to the mode of hearing after a matter is scheduled will be determined considering the circumstances and the following criteria:
  • inability of a participant to attend in person due to health issues or other personal circumstances;
  • distance to the location of the hearing which makes in-person attendance impractical;
  • a change in the nature of the proceeding such as to necessitate a departure from the scheduled mode of hearing;
  • a change in representation of a party from self-represented to represented, or vice versa; and
  • such other reason as approved by the Court.

Pilot Project

The hearing of matters in accordance with these Hearing Guidelines is on a Pilot Project basis. The mode of hearing matters as set out in these Hearing Guidelines will commence on September 6, 2022 and will be subject to review in early 2023.

All new matters scheduled after July 4, 2022 to be heard on or after September 6th, 2022 will be scheduled in accordance with these Hearing Guidelines.

Internal Court engagement and external engagement with the Bar, pro bono organizations and the media will be undertaken during the course of the Pilot Project and amendments will be made as necessary.

Default Modes by Hearing Type

Hearing Type

Default Mode

Adult Guardianship and Trustee Applications List

Hybrid

(In person – opposed applications;

Remote – unopposed/consent applications)

Bail Estreatments

Remote

Bankruptcy

Remote

Bar Admissions

In person

Case Management

Hybrid

(To be determined by the CM Justice at the time of scheduling)

Child Support List

Remote

Civil Chambers

In person

Civil Justice Specials

In person

Civil Pre-Trial Conferences

Remote

Civil Rule 4.10 Case Conferences

Remote

Commercial List

Remote

Criminal Appearance Court (QBAC/CAC)

Remote

Criminal Bail
(Regular Bail, Detention Reviews & Longer Bail Applications)

Remote

Criminal Pre-Trial Conferences

Remote

Early Intervention Case Conferences

In person

Emergency Protection Order (EPO) Reviews

Remote

EPO Reviews with Viva Voce Evidence

In person

EPO Reviews with Viva Voce Triage

Remote

Estate Case Conferences

Remote

Family Court Appeals

In person

 Family Court Appeals Speak To List Remote

Family Docket Court

Remote

Family Law Chambers

In person

Family Law Specials

In person

Family Pre-trial Conferences

In person

Family Rule 4.10 Case Conferences

In person

Interjurisdictional Support Orders

Remote

Judicial Dispute Resolution

In Person
(Remote upon approval by the JDR Justice)

Judicial Reviews

Hybrid

(Remote where all parties represented by Counsel, unless consent to proceed in person;

In person where a party is self-represented)

Justice Seized

Hybrid
(To be determined by the seized Justice at the time of scheduling)

Masters Appeals

Hybrid

(Remote where all parties represented by Counsel, unless consent to proceed in person;

In person where a party is self-represented)

Masters Chambers

In person – Calgary/Edmonton

Hybrid – Other regional Court locations

(To be determined by the Court at the time of scheduling)

Masters Specials

In person – Calgary/Edmonton

Hybrid – Other regional Court locations

(To be determined by the Court at the time of scheduling)

Provincial Court Appeals

Hybrid

(Remote where all parties represented by Counsel, unless consent to proceed in person;

In person where a party is self-represented)

Summary Conviction Appeals

Hybrid

(Remote where all parties represented by Counsel, unless consent to proceed in person;

In person where a party is self-represented)

Summary Disposition/Sentencing

In person

Summary Trial

In person

Trials – Judge Alone

In person

Trials– Judge & Jury

In person

Urgent Matters Chambers

Hybrid
(Justice will be in person and counsel/parties may attend remotely or in person)